Traffic Accidents in Thailand: Scene Protocol, Insurance Roles and Criminal Liability

At the Scene: In This Order

1. Stop, hazards on, warning triangle out — never drive away. Hit-and-run is a criminal offense in Thailand, even if you believe you weren't at fault
2. Injuries: call 1669 for an ambulance, then police 191 (or Tourist Police 1155 for foreign-language help)
3. Call your insurer's hotline and wait for the claim surveyor — in Thailand each side's surveyor comes to the scene and issues liability paperwork
4. Photograph and film: vehicle positions, impact points, skid marks, road conditions, the other party's plate and license
5. Do not admit full fault on the spot, and do not promise compensation figures — leave fault to the police and insurers

How the Insurance Layers Divide the Work

• Compulsory insurance (Por Ror Bor): advances medical costs for the injured regardless of fault (about 30,000 THB per person initially; the at-fault side's policy rises to about 80,000 after fault is set), with separate death and disability amounts
• Voluntary insurance: vehicle and third-party property damage settle through the voluntary policies by fault; the surveyor's claim slip is the document that unlocks repair and payment
• If the other party is uninsured and can't pay, your own Class 1 policy repairs your car first and the insurer pursues recovery

For the class system and claim details, see our Thai car insurance guide.

At the Police Station: Statements and Fault

Accidents with injuries or significant damage move to the local police station for statements. Key points:

• Never sign a Thai statement you can't read — you have the right to an interpreter and to verify it line by line before signing
• The police record and fault determination are the foundation documents for insurance and any lawsuit; ask for copies
• Minor accidents where surveyors settle fault at the scene usually skip the station entirely

Injury or Death: How Criminal Liability Works

Under Thai criminal law, negligent driving causing injury carries fines or imprisonment, and causing death carries heavier terms (negligent homicide up to ten years, per the court's judgment). But one practical rule dominates: in negligence traffic cases, a compensation settlement directly shapes the outcome. Reaching a compensation agreement with the injured party or the family — and obtaining their forgiveness — can lead the prosecutor to drop the case or the court toward a suspended sentence or fine. A lawyer's real work after a serious accident runs on two tracks: guarding the statements and evidence procedurally, and negotiating a workable settlement substantively.

Points Foreigners Must Watch

• Leaving Thailand can be restricted while a case is open; on bail your passport is usually held by police or the court
• Driving without a Thai license adds an unlicensed-driving charge on top of the insurer's refusal, and weakens your negotiating position
• If the other side demands an inflated sum at the scene, don't agree on the spot — amounts and installments are negotiable; let a lawyer or your insurer front the talks
• For serious accidents (grave injury, death, alcohol involved), retain a lawyer immediately — don't face the station process alone

FAQ

The other driver is fully at fault but has no insurance and no money — who pays me?

Use the no-fault medical advance from compulsory insurance and your own voluntary policy for repairs; your insurer then pursues the other party. If they truly have no assets, civil recovery has limited value — which is exactly why carrying full Class 1 cover yourself matters.

I injured someone in an accident — will I go to prison?

Negligent injury is a criminal matter, but the great majority of cases end in fines or suspended sentences after a settlement. Actual imprisonment mostly involves drunk driving, fleeing the scene, or refusal to compensate. Getting a lawyer to drive the settlement early is the key.

Who is liable if I crash a rental car?

The driver bears accident liability. Rental company insurance usually carries a deductible (commonly 3,000-10,000 THB); at pickup confirm the insurance class, deductible and whether third-party cover is included. A cheap daily rate with bare-bones insurance is the worst combination when things go wrong.

Need Help?

TaiHuBang connects you with Thai lawyers experienced in traffic cases: accompanied statements with interpretation, fault determination challenges, settlement negotiation and criminal defense. In an emergency, reach us via phone or WhatsApp on the contact page, or submit an inquiry describing the case.